Files

This action was brought to recover damages for failure to deliver a crop of grapes, alleged to have been purchased by the plaintiff from the defendants. The court found that the grapes were the property of the defendant H. M. Derderian, and that the defendant J. Hov. Derderian had no right, title, or interest in the same. J. Hov. Derderian was the son of the other defendant, and the evidence shows that he signed the contract for the sale of the grapes and received the several sums of money paid on account of such purchase by the plaintiff. At the time of the trial J. Hov. Derderian was in the United States army and could not be served. The action proceeded only against the other defendant, H. M. Derderian, who is the respondent here. A copy of the contract for the purchase of the grapes was introduced in evidence. It was signed by J. Hov. Derderian as the “seller.” It purported to sell the crop of grapes produced on the “Derderian Ranch” at a stipulated price and guaranteed that the same was the sole and absolute property of seller free from all encumbrances. There was also introduced in evidence a copy of a complaint in the justice’s court of Fresno, sworn to by the plaintiff,…